Page:The Green Bag (1889–1914), Volume 22.pdf/653

 A Lawsuit in Mexico indorsements should be held and are accord ingly held regular; Considerando, VI:

That the ownership of

said notes having been thus transferred to Mr. Joseph Wheless by their holders, it is

incontestable that all said obligations of the defendant company must necessarily be fulﬁlled towards Mr. Wheless, and he alone has the right to demand their fulﬁllment of the said V. G. Copper Co., which is obliged to pay said obligations to him. Contracts legally executed oblige not only to the ful ﬁllment of what is expressly stipulated, but also to all consequences which, according to their nature, are agreeable to good faith, custom or law, obliging only the persons who executed them, without leaving the validity and fulﬁllment of said contracts to the discretion of the parties bound, with

the

exception of the mses expressly mentioned in the law in articles 1276, 1277 and 1278 of the Civil Code. Considerando, VII: That the said notes being, as they are, each and every one of them, a contract legally executed between the defendant company and the holders of them, according to article 545 of the Code of Com merce, and executed in accordance with article 547 of said code, it is undeniable that the action prosecuted by Mr. Wheless, now

the sole holder of said obligations, is legal, as he has moreover amply proved in the course of the present suit, wherefore he is entitled to the sale of the attached property of the defendant company for the satisfaction of the amount claimed with interest and costs; Therefore, In view of the premises and of the legal principles cited, it is decreed: First, that the plaintiff has fully proved his action in the present suit; consequently execution and sale of the attached property of the V. G. Copper Co. should be had to secure the payment to the creditor of the sum of. . . thousand dollars, with interest from the date of the execution of the notes until the payment is made. Second: The legal costs of the present suit shall be taxed to the defendant company. Third: Let it be notiﬁed. Thus ﬁnally adjudging, the Second Judge of First Instance decreed and signed. We attest. (Signed) Ricardo Searcy. M. Gémez. Joaquin L. Pérez. Riibri'cas.

The notices were duly given, “heard" and signed; the defendant in writing

621

waived the terms permitted by article 1079 of the Code of Commerce, sections 3 and 5, granting eight days to petition for the cassation of the judgment, and ﬁve days to take an appeal, and for all other recourses against it, and accepted the judgment, which waiver was ratiﬁed and decreed by the court.

It would seem that this should be about the end of the proceeding; but the law requires yet other formalities. The ﬁrst of these is a petition to the court asking that the judgment be declared ﬁnal and executed, of which three days notice must be given within which to

oppose any defenses, decision of which must be had within the following three days. The court accordingly made this auto, notice was given and accepted, and the defendant answered that it was conforme or agreeable that the judg ment should be declared ﬁnal, as it was

but justice. adjudged:—

Whereupon

the

court

Hermosillo, December 15, 1908. Vista in regard to declaring ﬁnal the judgment rendered in the present cause; and, Considerando, I. That those judgments are ﬁnal: (1) which are expressly confessed by the parties, by their lawful representatives, or by their attorneys in fact with special power or clause to that eﬁect; and, (2) those

of which notice having been given in due form, no recourse is interposed within the time ﬁxed by law; ' Considerando,

II:

That

in

the

present

case not only was notiﬁcation in due form made, but as appears from the record the party defendant expressly accepted the said judgment and waived the term granted by law for interposing all recourses; Therefore, In view of the premises, and in accordance with articles 625 and 626 of the Code of Civil Procedure, it is decreed: First: The judgment rendered in the present suit is ﬁnal and has the authority of res adjudicata, without further recourse. Second:

Let it be notiﬁed, and copy of said judgment issued for registration. Thus adjudged and signed the Second Judge of First Instance.